AFP Regulations G 161-375 dated September 11, 2002 issued by the Department of National Defense, which was the principal basis of the Supreme Court’s majority decision that the late dictator Ferdinand Marcos is entitled to be buried in the Libingan ng mga Bayani as a former President and soldier, is not even legally effective.

The Office of the National Administrative Registrar (ONAR) of the University of the Philippines Law Complex certified on November 21, 2016 that the said AFP Regulations G 161-375 is not registered or filed with the ONAR.

The Administrative Code of 1987 under Book VII, Chapter 2, provides:

“SECTION 3. Filing. – (1) Every agency shall file with the University of the Philippines Law Center three (3) certified true copies of every rule adopted by it. x x x

“SECTION 4. Effectivity. – In addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, x x x.”

Prevailing jurisprudence underscores the absence of efficacy of administrative rules not registered with the ONAR.

Since said AFP Regulation governing burials at the Libingan ng mga Bayani is not filed with the ONAR, no rights, privileges and obligations have accrued from said issuance or regulations.

Consequently, there is no law or issuance which qualifies Marcos to be interred in the Libingan ng mga Bayani.

EDCEL C. LAGMAN